Delhi District Court
State vs . Ramesh Etc. on 20 April, 2019
FIR No. 182018
P.S.: Paharganj
U/s.: 12/9/55 of Gambling Act
IN THE COURT OF SH. JITENDRA SINGH, ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, CENTRAL DISTRICT, TIS HAZARI
COURTS, DELHI
State Vs. Ramesh etc.
FIR No.: 18-2018
P.S.: Paharganj
U/s.: 12/9/55 of Gambling Act
Case No. 7578-2018
1. Date of Commission of Offence : 18.01.2018
2. Date of institution of the case : 05.06.2018
3. Name of the complainant : ASI Satyavir Singh
4. Name of accused, parentage &
address. :(1) Ramesh S/o Sh. Dhalendra,
R/o; 506, Dahgwan Ansh The-
Sahaswan, Badaun, Uttar Pradesh,
India.
(2) Saddam Hussain S/o Sh. Mohd.
Usruddin, R/o; Padamari Dalegaon,
Thana Thakurganj, Kishanganj,
Bihar.
5. Offence complained or proved : 12/9/55 of Gambling Act.
6. Plea of Accused persons : Pleaded Not Guilty.
7. Final Order : Convicted.
9. Date of Final Order : 20.04.2019
JUDGMENT
1. Vide this judgment, I shall dispose off, the above captioned case bearing FIR No. 18-2018. The case of the prosecution is that on 18.01.2018 at about 3.10 am at Nehru Bazar, near Ram Dwara, within the jurisdiction of PS Paharganj, accused persons were found gambling in a public street/place and thereby accused had committed an offence punishable u/s. 12/9/55 of Gambling Act.
2. After the completion of the usual investigation and procedural 20.04.2019 Page 1 of 5 Pages FIR No. 182018 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act requirements, the chargesheet was filed in the Court on 05.06.2018, whereafter cognizance of the offence was taken against the accused persons and provisions of Section 207 Cr. P.C. was also complied.
3. After hearing the prosecution and the defence, notice under Section 251 Cr. P.C. for the offence under Section 12/9/55 of Gambling Act was framed against the accused persons, to which the accused persons pleaded "Not Guilty" and claimed trial.
4. During the course of the trial, the prosecution had examined four witnesses.
5. After the completion of the prosecution's evidence, statement of the accused persons were recorded under Section 313 Cr. P.C., wherein the accused persons does not want to lead their defence evidence.
6. I have weighed the rival submissions made on behalf of the prosecution as well as on behalf of the defence in the light of the material appearing on record.
7. Before proceeding further, I need to discuss the relevant legal propositions applicable on to the facts of the case. It is a settled proposition of criminal law that the prosecution is supposed to prove its case on judicial file beyond reasonable doubt by leading reliable, cogent and convincing evidence & that in order to prove its case on judicial file, the prosecution is supposed to stand on its own legs whereby it cannot derive any benefit whatsoever from the weaknesses, if any, in the defence of the accused. Further settled it is, that the primary burden of proof for proving the offences in a criminal trial rests on the shoulders of the prosecution, which burden never shifts on to the accused persons.
8. It is no longer Res Integra that accused persons are entitled to benefit of every reasonable doubt(s) appearing qua the material facts of the prosecution's story whereby such reasonable doubt(s) entitles the accused 20.04.2019 Page 2 of 5 Pages FIR No. 182018 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act persons to acquittal.
9. In the light of the above discussed legal position, I shall now step forward to divulge my opinion on the respective fate of the accused persons.
10. PW-1 is ASI Arun Kumar, who deposed that on 18.01.2018, he was on emergency duty alongwith Pushpender Singh and they met with one secret informer, who informed them that two persons were playing gambling at Ram Dwara Road, Nehru Bazar and if raid would conduct, they can be apprehended. He further deposed that one raiding party consisting of Ct. Monu as he also came there and IO conducted the formal search of Ct. Monu and IO handed over one currency notes of Rs. 100/- after putting his signature on the same, bearing number. He further deposed thereafter at about 3.10 pm, Ct. Monu went to the spot and after giving the signal secret informer left the spot, that Ct. Monu signaled towards them and thereafter, he alongwith Ct. Monu and IO apprehended the accused persons. He further deposed that they requested 4/5 passerby to join investigation, but they refused to join the same. He further deposed that they left the spot without disclosing their name and address. Ct. Monu produced one slip bearing no. 22324225 and he informed that accused had give slip no. 22, 32, 42, 85 to him and promised him to give Rs. 2250/- for each slip as per the gambling terms in lieu of Rs. 100/-. He further deposed that the accused namely Saddam one pen, two slip and Rs. 1420/- and accused Ramesh was having Rs. 870/-. He further deposed hat the abovesaid material was seized by the IO in polythene with the seal of HPS and seal after use was handed over to Ct. Monu. He further deposed that he prepared the rukka and handed over the same to him for registration of FIR. Thereafter, he went to the PS and get the FIR registered and he came back at the spot with ASI Satbir and further investigation was assigned to him. He further deposed that IO handed over the seized case property with seizure memo Ex. PW1/A and IO arrested the 20.04.2019 Page 3 of 5 Pages FIR No. 182018 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act accused persons vide memo Ex. PW1/B and Ex. PW1/C and their personal search was also conducted, vide memo Ex. PW1/D and Ex. PW1/E. Accused persons correctly identified by the witness.
11. PW-2 is HC Narender Singh, who proved the FIR, which is Ex. PW2/A and endorsement on the rukka, which is Ex. PW2/B.
12. PW-3 is ASI Ramesh Chand, who proved the entry no. 2407- 2018, which is Ex. PW3/A.
13. PW-4 is Ct. Monu, who deposed that on 18.01.2018, he was on surveillance duty and at about 2.30 pm, he reached at 6 tuti chowk main bazar Paharganj, where, he met with SI Pushpender and ASI Arun over there and one secret informer met with them and he informed that two person were playing gambling at Ram Dwara Road, Nehru Bazar and if raid would conduct, they can be apprehended and one raiding party consisting of himself, SI Puspender including ASI Arun was prepared and he was instructed to be a bogas customer and IO conducted the formal search of him and IO handed over one currency notes of Rs. 100/- after putting his signature on the same and he went to the spot and after giving the signal secret informer left the spot, then he signaled towards raiding party and thereafter, he alongwith ASI Arun and IO apprehended the accused persons. Thereafter, they requested 4/5 passerby to join investigation, but they refused to join the same. Thereafter, they left the spot without disclosing their names and address and he produced one slip bearing no. 22324225 and he informed that accused had given slips no. 22, 32, 42, 85 to him and promised him to give Rs. 2250/- for each slip as per the gambling terms in lieu of Rs. 100/-. Thereafter from accused namely Saddam one pen, two slip and Rs. 1420/- and accused Ramesh was having Rs. 870/-. He further deposed that the said material was seized by the IO in polythene with the seal of HPS. He further deposed that IO prepared the rukka and handed over the same to ASI Arun 20.04.2019 Page 4 of 5 Pages FIR No. 182018 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act for registration of FIR. Thereafter, he went to the PS and get the FIR registered and he came back to the spot with ASI Satbir and further investigation was marked to SI Satbir. He further deposed that IO handed over the seized case property with seizure memo Ex. PW1/A and IO arrested the accused persons vide memo Ex. PW1/B and Ex. PW1/C and their personal search was also conducted, vide memo Ex. PW1/D and Ex. PW1/E.
14. From the abovesaid testimony of PW1 and PW4, who are the material witnesses in the instant matter proves that the accused persons had committed the offence u/s. 12/9/55 of Gambling Act. Despite cross examination of PW-1 and PW-4, nothing has been made out in favour of the accused persons. Thus the aforesaid cumulative and corroborating testimonies of witness clearly proves that the accused persons had committed the offence under Section 12/9/55 of Gambling Act.
DECISION
15. For the reasons assigned hereinabove, I am of the view that the prosecution has successfully proved the offence under Section 12/9/55 of Gambling Act against the accused persons. Accordingly, accused persons are convicted for the offence under Section 12/9/55 of Gambling Act.
16. The arguments on the point of sentence shall be heard separately today itself.
15. A copy of this judgment be given to the convict(s) free of cost.
Digitally signed by JITENDRA JITENDRA SINGH
Announced in the open court SINGH Date: 2019.04.26
15:29:25 +0530
on 20.04.2019
(JITENDRA SINGH)
ACMM/CENTRAL/THC/ DELHI
20.04.2019 Page 5 of 5 Pages
FIR No. 182018
P.S.: Paharganj
U/s.: 12/9/55 of Gambling Act
20.04.2019 Page 6 of 5 Pages
IN THE COURT OF SH. JITENDRA SINGH
ADDL. CHIEF METROPOLITAN MAGISTRATE : CENTRAL TIS HAZARI COURTS : DELHI FIR No. 182018 U/S. 12/9/55 of Gambling Act PS Paharganj State Vs. Ramesh etc. Case ID No. 75782018 ORDER ON POINT OF SENTENCE Present: Ld APP for state.
Convict(s) are present in person.
I have heard Ld APP for State as well as Convict(s) on the point of sentence and have perused the record.
It is submitted by Convict(s) that they are the sole bread earner for their family. It is further submitted by the convict(s) that they are not previous convict and they are first time offender. Convict(s) have prayed for a lenient view.
On the other hand Ld APP for State submitted that the convict(s) be sentenced to maximum punishment as prescribed for the offence in question.
In the present case convict(s) have been convicted for offence punishable u/s. 12/9/55 of Gambling Act. No previous conviction has State Vs. Ramesh etc. ; FIR No. 18-18; PS Paharganj 2/2 been alleged or proved against convict(s). The convict(s) are not involved in any such case, as stated by them. Convict(s) are having a family to support.
Keeping in view the facts and circumstances of the case and also the fact that the convict(s) are facing the trial for the commission of offence u/s. 12/9/55 of Gambling Act. Accordingly, convict(s) are sentence to pay a fine of Rs. 450/(each). SI for two days in default of fine. Fine paid. B/B and S/B stands discharged. Original, if any be returned after cancellation of endorsement. File be consigned to record room after due compliance.
Announced in open Court JITENDRA SINGH
i.e. the 20th April, 2019 ACMM:CENTRAL DISTT:DELHI
State Vs. Ramesh etc. ; FIR No. 18-18; PS Paharganj 2/2
State Vs. Ramesh etc. ; FIR No. 18-18; PS Paharganj 2/2